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Nursing Homes: Who Is Financially Responsible?

I am willing to bet that everyone receiving this email knows of a family financially obliterated by the cost of nursing home care for a loved one.  

Picture of a building with the words nursing home written on it with coin money tipping the scale.

But did you know that family members cannot be required to pay for a relative’s nursing home care?  

And, did you know that it is illegal for nursing homes even to ask family members if they want to be financially responsible for a loved one or to attempt to collect from a family member (at least in Florida)?  

And, did you know that previously paid funds may be recoverable (meaning you may be able to get the money back from the nursing home)?  

What You Need To Know…

According to the Consumer Financial Protection Bureau and the Centers for Medicare and Medicaid Services (click here to read the original document):

The [Nursing Home Reform Act] prohibits nursing facilities from requesting or requiring that a third party [i.e., family member or friend.] personally guarantee payment to the facility as a condition of a resident’s admission or continued stay in the facility…

Contract terms that conflict with the [law] are unlawful, and alleged debts resulting from such unlawful contract terms are invalid and unenforceable….

Debt collectors who violate the [law] may be subject to enforcement actions…as well as to private actions brought by consumers. (bold added for emphasis)

This provision of Federal law means that nursing homes cannot sneak “financial responsibility” clauses into admissions agreements.  They cannot suggest, imply or ask family members or friends of a resident (or prospective resident) to assume the financial liability of paying for nursing home care.  And, if a nursing home tries to collect a nursing home debt from anyone other than the resident, they are most likely breaking the law.  

1.  If you need nursing home care and don’t want to burn up your family’s financial resources…

…you should contact an attorney who knows how to qualify the prospective resident for government assistance before admission (or as close to an admission as possible).  We know which attorneys are best at this and may be able to help you connect with them.  Time is not your friend, so the sooner you call us, the better.  

2.  If you know of a family that is paying, or within the last few years has paid, for the nursing home care of a relative…

you should contact an attorney who knows how to recover funds previously paid to the nursing home (yes, in Florida, previously paid funds may be recoverable).  I know the best lawyers for this service and can make an introduction to you.  

3.  If you believe it takes five years to qualify for government programs that pay for nursing home care…  

…call us.  We can most likely help a resident or prospective nursing home resident qualify for government assistance (regardless of net worth and income) within a month and help you stop the financial “bleeding” quickly.  

4.  If you are unsure of how to pay for nursing home charges and don’t want to be financial road kill…

…call us – we may be able to help.    

Please visit our FAQs page for more topics and information or if you would like to speak with me directly, please call my cell phone at 917-453-6811.  I am happy to help!!!

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